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The Allahabad High Court has dismissed a special appeal of the Higher Education Service Selection Commission challenging the single bench decision upholding the minimum qualification prescribed by the National Council for Teacher Education (NCTE) in the recruitment of Assistant Professors.
The Division Bench of Justice Sunita Agarwal and Justice Vikas Budhwar passed this order while hearing a special appeal filed by Uttar Pradesh Higher Education Service.
The dispute, in the case, is with regard to the Advertisement issued by Uttar Pradesh Higher Education Service Commission relating to selection on the post of Assistant Professor (B.Ed).
The advertisement has been challenged on the ground that the essential qualification notified in the advertisement is lesser than the qualification prescribed by N.C.T.E (National Council for Teacher Education) and since N.C.T.E is an apex body prescribing the standard for B.Ed course, the qualification required by teaching faculty for B.Ed course, as prescribed by the N.C.T.E would prevail.
The Court noted that,
The Single Judge taking note of the Regulation 5.2 of the Special Regulation framed by N.C.T.E vide notification dated 28.11.2014 has held that since the Special Regulations in the matter of qualification for appointment to the teaching faculty for B.Ed course are in existence, the general Regulations framed by the University Grants Commission under Clause 1.1 of U.G.C Regulations on Minimum Qualifications For Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, notified on 18.7.2018, would have no application. The general Regulations framed by UGC have to give way to the Special Regulations framed by the apex body constituted for maintaining standards of teacher education.
Moreover, Clause 1.1 of the general regulations framed by U.G.C also provides that for the purpose of direct recruitment to teaching posts, norms or standards laid down by the authorities established by the relevant Act of Parliament under Article 246 of the Constitution shall prevail.
The contention of the Senior Advocate appearing for the appellant that there was no infirmity in the advertisement in question as the qualification prescribed by U.G.C was notified in the advertisement, therefore, cannot be accepted.
“In any case, the appellant-Commission is only a selecting body and it has no discretion to choose minimum eligibility qualification or decide standards of the qualification which is needed for selection to a post.
There is no challenge to the decision of the Single Judge by the State or Higher Education Department on the ground that the qualification notified in the advertisement in question was in conformity with the Recruitment Rules. For the aforesaid, we do not find any merit in the appeal”, the Court observed while dismissing the appeal.